Zimbabwe: No justice for the victims of forced evictions
27
Social and Cultural Rights, “the fact that the realization of the right to work is progressive and
takes place over a period of time should not be interpreted as depriving States parties’
obligations of all meaningful content. It means that States parties have a specific obligations
‘to move as expeditiously and effectively as possible’ towards the full realisation of article
6.”72
Amnesty International believes that the indiscriminate destruction of informal
livelihoods under Operation Murambatsvina and the inadequacy of the government’s response
under Operation Garikai/Hlalani Kuhle constitute a violation of the right to work.73 Given the
absence of alternative sources of employment or income the government has an obligation to
protect existing access to livelihoods, particularly in light of the fact that the destruction of
informal livelihoods also has serious implications for the enjoyment of a wide range of other
economic and social rights including the rights to an adequate standard of living, health and
education. Amnesty International found no evidence that the government of Zimbabwe had
considered the serious human rights impacts of the destruction of informal livelihoods under
Operation Murambatsvina.
Nor has the government acted to uphold its human rights obligations in the
implementation of Operation Garikai/Hlalani Kuhle. On the contrary the government
continues to authorise police harassment of informal vendors and traders and has imposed
onerous obstacles to the exercise of the right to work which Amnesty International considers
are not legitimate, proportionate or necessary, including requirements for fingerprinting and
the imposition of high fees for licences. Any efforts to regulate the informal sector should not
result in human rights violations. Moreover, the reports of apparent discrimination in the
allocation of stands to vendors based on political affiliation violates the government’s
immediate obligation to guarantee the right to work “without discrimination of any kind as to
race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status” (article 2.2 of ICESCR).
Recommendations
Amnesty International is concerned by the scale and the scope all of the violations of
human rights discussed in the preceding sections. In Amnesty International’s view these
violations stem from the consistent failure of the government of Zimbabwe to respect the
fundamental rights of the people of Zimbabwe.
The following recommendations include actions which should be taken promptly. In
particular forced evictions must be immediately halted and emergency shelter provided to
those still living in the open more than a year after being forcibly evicted. Other
recommendations should be accomplished by swift action to devise and implement a human
rights-based housing policy which addresses the rights of all Operation Murambatsvina
victims.
72
73
See CESCR, General Comment No 18, paragraph 20.
See CESCR, General Comment No 18, paragraph 21.
Amnesty International 8 September 2006
AI Index: AFR 46/005/2006
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